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CITY OF ROUND ROCK v. WHITEAKER

No. 03-07-00009-CV.

241 S.W.3d 609 (2007)

CITY OF ROUND ROCK and Round Rock Fire Chief Larry Hodge, Appellants v. Mark WHITEAKER, Appellee.

Court of Appeals of Texas, Austin.

November 16, 2007.

Attorney(s) appearing for the Case

Bettye Lynn, F. Denise Russell, Lynn, Pham & Ross, LLP, Fort Worth, for Appellants.

B. Craig Deats, Deats & Levy, PC, Austin, for Appellee.

Before Justices PATTERSON, PEMBERTON and WALDROP.

OPINION

BOB PEMBERTON, Justice.

We withdraw our opinion, concurring opinion and judgment issued September 14, 2007, and substitute the following in its place. We overrule appellants' motion for rehearing.

This appeal is the latest in the rapidly-evolving jurisprudence addressing, in light of City of Houston v. Williams,1 the extent to which governmental immunity bars suits arising from alleged violations...

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